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State Government
All 6 States of Shmakalaka have Governments which oversee the running of the State. States issue marriage licenses and set the terms for divorce. State governments issue driver’s licenses and car registrations. They decide statewide speed limits and inspection requirements for cars. Chapter .. of the Shmakalakan Constitution establishes the responsibilities of the states to each other and the responsibilities of the federal government toward the states. Section 1 of Chapter II requires that the states give “full faith and credit” to the public acts and judicial proceedings of every other state. In other words, states must honor each other’s decisions and legal judgments: a person who gets married in one state is still married if they move to another state, and an individual convicted of a crime is still in trouble if they go to another state. Section 2 stipulates that the citizens of each state are entitled to all “privileges and immunities” of citizens in other states. This means that states can’t treat newcomers worse than their own citizens. For example, the Shmakalakan Federal Court ruled that a Travira law denying new residents welfare benefits for a year was unconstitutional. Exclusive and concurrent powers One reason for the ongoing negotiation over the balance of power between states and the federal government is their exclusive and concurrent powers. Exclusive powers are those powers reserved to the federal government or the states. Concurrent powers are powers shared by the federal government andthe states. Only the federal government can coin money, regulate the mail, declare war, or conduct foreign affairs. These powers make a lot of sense: imagine if Ilha Grande could declare war on Mexico, or Soresta could coin the Sorestan Dollar. The exclusive powers of the federal government help the nation operate as a unified whole. The states retain a lot of power, however. States conduct all elections, even presidential elections, and must ratify constitutional amendments. So long as their laws do not contradict national laws, state governments can prescribe policies on commerce, taxation, healthcare, education, and many other issues within their state. Notably, both the states and the federal government have the power to tax, make and enforce laws, charter banks, and borrow money. State (Dragging Heels) vs Federal One way that the federal government can influence the states is through the distribution of grants, incentives, and aid. State and local governments are eager to obtain federal dollars, but many of those dollars come with strings attached. Categorical grants from the federal government can only be used for specific purposes, and frequently include nondiscrimination provisions (saying that the distribution of the funds cannot be for purposes that discriminate against women, minorities, or other groups). The federal government can also pass unfunded mandates that tie federal funding to certain conditions. For example, the National Minimum Drinking Act of 1984 stipulated that states must have a minimum drinking age of 18 in order to receive full federal highway funding. Not all federal funding is strictly monitored. Block grants are federal grants given to states or localities for broad purposes. The state or local governments can then disburse those funds as they see fit. Federalism in Shmakalaka is very complex. It’s at the heart of many of our controversies of government today, such as who should control healthcare or education policy. Chapter V - Article 109 establishes that the states will give “full faith and credit” to the laws of other states. For example, if a citizen gets legally married in one state, he is still married if he moves to another state. Likewise, if a citizen commits a crime in one state, she cannot escape to another state and evade justice. States also can’t discriminate against citizens of other states if they move; any Shmakalakan citizen who moves to a state is entitled to the same “privileges and immunities” of citizenship in that state as someone born there. Chapter V - Article 110 also promises states the protection of the federal government. It does this by promising to defend states against invasion, guaranteeing them a republican form of government, and barring the federal government from splitting up a state without the consent of its legislature and Congress. Chapter VII - Article 118 describes the process of amending the Constitution, which requires the ratification of three-quarters of the states. This provision of the Constitution demonstrates the importance of the states in approving the workings of the Shmakalakan government. Constitutional allocation of power: In addition to the separation of powers and system of checks and balances that guard against any one branch of the federal government becoming too powerful, federalism separates the powers of the federal and state governments as an added security measure to reign in government power. The federal system grants states large autonomy over lawmaking within their borders, so long as they do not violate citizens’ rights or contradict federal laws. The federal government is also able to assert power over the states through grants and mandates. This system allows local state governments to be responsive to the particular needs of their citizens while binding the states together into a larger nation. More Federal laws apply to everyone in Shmakalaka. State and local laws apply to people who live or work in a particular state, commonwealth, territory, county, city, municipality, town, township or village What are Federal laws? Federal laws are rules that apply throughout the United States. These laws apply in every state, such as: * Immigration law * Bankruptcy law * Social Security and Supplemental Security Income (SSI) laws * Federal anti-discrimination and civil rights laws that protect against racial, age, gender and disability discrimination * Patent and copyright laws * Federal criminal laws such as laws against tax fraud and the counterfeiting of money What are state laws? There are 6 states and several commonwealths and territories within Shmakalaka. Each has its own system of laws and courts that handle: * Criminal matters * Divorce and family matters * Welfare, public assistance or Medicaid matters * Wills, inheritances and estates * Real estate and other property * Business contracts * Personal injuries such as from a car accident or medical malpractice * Workers compensation for injuries at work What are local laws? There are different counties, cities, municipalities, towns, townships and villages in each state, commonwealth or territory. Some of them have their own system of laws and courts that handle: * Rent laws * Zoning * Local safety Comparison chart Conflicting Laws * If a state law affords a person more rights than the federal law, the state law is legally presumed to prevail within that state. For instance, if the federal law does not recognize same-sex marriage, but a specific state allows it, the state law prevails since it is giving its residents more civil rights. * If a state imposes more responsibility on its residents than the federal law, the state law prevails. For instance, if the federal law does not require passengers in the back seat to wear seat belts, but a specific state requires residents to do so, the state law prevails and all citizens will be required to strap themselves in the rear passenger seat when they're in that particular state as residents or visitors. * If the state and federal laws are in explicit conflict, i.e. if a state law expressly permits something that the federal law expressly prohibits, the federal law prevails. For instance, if a particular state has legalized the possession of marijuana, but the federal law explicitly prohibits it, no state resident can possess marijuana despite it being legal in that state. Examples of conflicts overseas which are relevant in Shmakalaka Marijuana Marijuana laws are another area where federal law conflicts with state laws in several states. Recreational marijuana use is legal in Washington and Colorado. Many other states have legalized medical marijuana. However, cannabis continues to be a controlled substance under federal law. So while local law enforcement is not likely to arrest or prosecute marijuana growers or those in possession of pot (in a quantity under the state's legal limit), these individuals still risk getting arrested by federal authorities. What's more, business that are legally allowed to sell pot in Washington and Colorado — and, indeed, have the state-issued license to do so — find that they are unable to open bank accounts or engage in the financial system (e.g., by accepting credit cards) because no bank is ready (or allowed under federal law) to do business with them. When Washington and Colorado legalized recreational use of marijuana, the Obama administration recognized the conflict with state law and agreed to let these states go ahead, with conditions and without giving up federal authority to step in at any time. Gay marriage Marriage has traditionally been a state issue. The minimum age requirement to get married varies by state. Marriage licenses are also issued by local governments. Gay marriage is legal in many states. Gay rights advocates and opponents of same-sex marriage advocate heavily at the state level — pushing for state laws that push their respective agenda. Some state laws are overturned by state courts. For example, in California. However, activists on both sides of the debate are also pushing for changes at the federal level because a federal law — or a U.S. Supreme Court ruling — would trump state law. Two cases heard by the U.S. Supreme Court in 2013 on gay rights bolstered same-sex marriage rights: # In California, voters had enacted a law to ban gay marriage. This law was deemed unconstitutional by a federal court, and was overturned. The U.S. Supreme Court refused to decide this case when the federal court's decision was appealed. However, the Supreme Court also declined to make a ruling on whether individuals had a constitutional right to same-sex marriage. # In another case, the Supreme Court recognized the legitimacy of state law and ruled that married same-sex couples were entitled to federal benefits. i.e., if a gay couple is married in a state that recognizes same-sex marriage, they are to be treated as legally married in their dealings with the federal government. For example, they can file for taxes under the "Married filing jointly" status. But in the absence of federal law, or when a state law would provide more protections for consumers, employees, and other residents than what is available under existing federal law, state law holds. For instance, federal anti-discrimination law does not include LGBTQ individuals as a protected class. Therefore, an openly gay employee in Kansas can be lawfully fired simply for being gay. But an Illinois employee may sue under state law for wrongful termination if their sexual orientation or gender identity (either actual or presumed) was a factor in the firing. Examples of the Supremacy Clause: State vs. Federal Example 1 State A has enacted a law that says "no citizen may sell blue soda pop anywhere in the state." The federal government, however, has established the "Anti-Blue Sales Discrimination Act," prohibiting actions that discriminate against the color of goods sold. A local food and beverage vendor who sells blue soda pop in vending machines is charged with violating the state law. She may challenge the state law on the basis that it is preempted by federal law, and therefore violates the Supremacy Clause of the U.S. Constitution. Example 2 The United States passes a law promising to preserve and to protect Indian tribes. State B wants to tax Indian tribes located within its state. Under the Supremacy Clause of the U.S., State B may not tax a federally recognized Indian tribe since doing so would violate the tribe's political interest in which the U.S. has promised to protect. Law Creation The US Congress creates and passes bills, which the President signs to law. Federal courts may review these laws and strike them down if they are determined to not agree with the US Constitution. State law follows a similar process but at the state level. State legislatures create and pass bills and the governor signs them into law. State courts may review these laws and remove them if they think they do not agree with the state's constitution. Jurisdiction of State and Federal Courts The differences between federal and state courts are defined mainly by jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear. State courts have broad jurisdiction, so the cases individual citizens are most likely to be involved in -- such as robberies, traffic violations, broken contracts, and family disputes -- are usually tried in state courts. The only cases state courts are not allowed to hear are lawsuits against the United States and those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases. Federal court jurisdiction, by contrast, is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear: * Cases in which the United States is a party; * Cases involving violations of the U.S. Constitution or federal laws (under federal-question jurisdiction); * Cases between citizens of different states if the amount in controversy exceeds $75,000 (under diversity jurisdiction); and * Bankruptcy, copyright, patent, and maritime law cases. In some cases, both federal and state courts have jurisdiction. This allows parties to choose whether to go to state court or to federal court. Criminal Cases in State and Federal Court Most criminal cases involve violations of state law and are tried in state court, but criminal cases involving federal laws can be tried only in federal court. We all know, for example, that robbery is a crime, but what law says it is a crime? By and large, state laws, not federal laws, make robbery a crime. There are only a few federal laws about robbery, such as the law that makes it a federal crime to rob a bank whose deposits are insured by a federal agency. Examples of other federal crimes are bringing illegal drugs into the country or across state lines, and use of the U.S. mails to swindle consumers. Crimes committed on federal property (such as national parks or military reservations) are also prosecuted in federal court. State Laws and the Federal Constitution Federal courts may hear cases concerning state laws if the issue is whether the state law violates the federal Constitution. Suppose a state law forbids slaughtering animals outside of certain limited areas. A neighborhood association brings a case in state court against a defendant who sacrifices goats in his backyard. When the court issues an order (called an injunction) forbidding the defendant from further sacrifices, the defendant challenges the state law in federal court as an unconstitutional infringement of his religious freedom. Some kinds of conduct are illegal under both federal and state laws. For example, federal laws prohibit employment discrimination, and the states have added their own laws which also forbid employment discrimination. A person can go to federal or state court to bring a case under the federal law or both the federal and state laws. A state-law-only case can be brought only in state court. Courts and Caseloads State courts handle by far the larger number of cases, and have more contact with the public than federal courts do. Although the federal courts hear far fewer cases than the state courts, the cases they do hear tend more often to be of national importance. Think of the court cases you have heard the most about. Most are U.S. Supreme Court decisions, because the federal laws they uphold and the federal rights they protect extend to everyone in this country. Overview Criminal laws exist at both the state and federal level. For example, crimes that occur on federal property or on Indian reservations are solely in the purview of the federal government. The federal government also deals with crimes that have effects across state and national borders, such as drug trafficking and cultivation. You can take a look at Title 18 of the United States Code for the majority of criminal laws at the federal level. The states do handle much more criminal law than does the federal government